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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES, <br />4g --- <br />CLERK OF COUNCIL <br />,d DATE: JUN 232017 <br />O: PRCS (I ) <br />Silvia Cuevas <br />May 31, 2017 <br />Noteworthy Puppets Inc. ("Speaker/Performer") <br />438 S. Lincoln Place <br />Monrovia, CA 91016 <br />Re: Speaker/Performer Engagement Agreement <br />N-2017-107 <br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the <br />engagements described below: <br />1. Event Description: Up to three (3) variety -type performances including without limitation storytelling, music, <br />puppetry, magic, animals, mimes, juggling, as further agreed upon by the parties for each performance <br />2. Date(s): As specifically scheduled by the parties by mutual agreement during the period July 1, 2017 through June <br />30, 2018 <br />Event Time(s): Each performance will be approximately one hour in length <br />Location: Santa Ana Main Library or Newhope Library Learning Center ("Property") <br />Compensation: $300 for each performance (payable by check within 30 calendar days of event); Speaker/Performer <br />must provide IRS form W-9 before payment can be made; total sum to be expended under this Agreement shall not <br />exceed $900 <br />Equipment provided by City: No equipment, however, the City will be responsible for room set up and advertising <br />the program. <br />Equipment provided by Speaker/Performer: all equipment, materials, supplies, and personnel necessary for each <br />performance <br />City Contact Person (for coordinating purposes only): Michelle Loera or Lupita Arroyo <br />Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which Speaker/Performer performs the services that are the subject matter of <br />this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent <br />with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />10. Indemnification: Speaker/Performer, its agents, or its employees (if applicable) agrees to and shall indemnify, <br />defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives <br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or <br />willful misconduct of Speaker/Performer, its agents, or its employees. <br />IT. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in <br />connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, <br />fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or <br />